· 1/31/1995
Michael R. Romero v. Robert J. Tansy and Attorney General of the State of New Mexico
Citations
- 46 F.3d 1024
- 1995 U.S. App. LEXIS 1921
- 1995 WL 36521
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- describing defense counsel’s constitutionally required duty to advise criminal defendant regarding merit of direct appeal
- “Counsel’s failure to investigate a defendant’s case, particularly for purposes of an alibi defense, may render his performance constitutionally inadequate.”
- “[W]e review a district court’s factual findings based on live testimony presented at the evidentiary hearing only for clear error.”
- if counsel's failure to perfect timely notice of appeal was ineffective assistance, then appellant has established both cause and prejudice sufficient to overcome any procedural bar to review of federal habeas claims
- where a defendant alleges his counsel failed to adequately investigate the charges to which he pleaded guilty, he must show what the investigation would have uncovered and how that would have altered his decision to plead guilty
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, McKay, Baldock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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